leaves his native fields to fight side by side with his religious associate of France, against the common enemy of their faith. The Huguenot draws his sword against the country which persecutes him, and sheds his blood in defence of the liberties of Holland. Swiss is arrayed against Swiss; German against German, to determine, on the banks of the Loire and the Seine, the succession of the French crown. The Dane crosses the Eider, and the Swede the Baltic, to break the chains which are forged for Germany.
It is difficult to say what would have been the fate of the Reformation, and the liberties of the Empire, had not the formidable power of Austria declared against them. This, however, appears certain, that nothing so completely damped the Austrian hopes of universal monarchy, as the obstinate war which they had to wage against the new religious opinions. Under no other circumstances could the weaker princes have roused their subjects to such extraordinary exertions against the ambition of Austria, or the States themselves have united so closely against the common enemy.
The power of Austria never stood higher than after the victory which Charles V. gained over the Germans at Muehlberg. With the treaty of Smalcalde the freedom of Germany lay, as it seemed, prostrate for ever; but it revived under Maurice of Saxony, once its most formidable enemy. All the fruits of the victory of Muehlberg were lost again in the congress of Passau, and the diet of Augsburg; and every scheme for civil and religious oppression terminated in the concessions of an equitable peace.
The diet of Augsburg divided Germany into two religious and two political parties, by recognizing the independent rights and existence of both. Hitherto the Protestants had been looked on as rebels; they were henceforth to be regarded as brethren – not indeed through affection, but necessity. By the Interim1, the Confession of Augsburg was allowed temporarily to take a sisterly place alongside of the olden religion, though only as a tolerated neighbour. To every secular state was conceded the right of establishing the religion it acknowledged as supreme and exclusive within its own territories, and of forbidding the open profession of its rival. Subjects were to be free to quit a country where their own religion was not tolerated. The doctrines of Luther for the first time received a positive sanction; and if they were trampled under foot in Bavaria and Austria, they predominated in Saxony and Thuringia. But the sovereigns alone were to determine what form of religion should prevail within their territories; the feelings of subjects who had no representatives in the diet were little attended to in the pacification. In the ecclesiastical territories, indeed, where the unreformed religion enjoyed an undisputed supremacy, the free exercise of their religion was obtained for all who had previously embraced the Protestant doctrines; but this indulgence rested only on the personal guarantee of Ferdinand, King of the Romans, by whose endeavours chiefly this peace was effected; a guarantee, which, being rejected by the Roman Catholic members of the Diet, and only inserted in the treaty under their protest, could not of course have the force of law.
If it had been opinions only that thus divided the minds of men, with what indifference would all have regarded the division! But on these opinions depended riches, dignities, and rights; and it was this which so deeply aggravated the evils of division. Of two brothers, as it were, who had hitherto enjoyed a paternal inheritance in common, one now remained, while the other was compelled to leave his father's house, and hence arose the necessity of dividing the patrimony. For this separation, which he could not have foreseen, the father had made no provision. By the beneficent donations of pious ancestors the riches of the church had been accumulating through a thousand years, and these benefactors were as much the progenitors of the departing brother as of him who remained. Was the right of inheritance then to be limited to the paternal house, or to be extended to blood? The gifts had been made to the church in communion with Rome, because at that time no other existed, – to the first-born, as it were, because he was as yet the only son. Was then a right of primogeniture to be admitted in the church, as in noble families? Were the pretensions of one party to be favoured by a prescription from times when the claims of the other could not have come into existence? Could the Lutherans be justly excluded from these possessions, to which the benevolence of their forefathers had contributed, merely on the ground that, at the date of their foundation, the differences between Lutheranism and Romanism were unknown? Both parties have disputed, and still dispute, with equal plausibility, on these points. Both alike have found it difficult to prove their right. Law can be applied only to conceivable cases, and perhaps spiritual foundations are not among the number of these, and still less where the conditions of the founders generally extended to a system of doctrines; for how is it conceivable that a permanent endowment should be made of opinions left open to change?
What law cannot decide, is usually determined by might, and such was the case here. The one party held firmly all that could no longer be wrested from it – the other defended what it still possessed. All the bishoprics and abbeys which had been secularized BEFORE the peace, remained with the Protestants; but, by an express clause, the unreformed Catholics provided that none should thereafter be secularized. Every impropriator of an ecclesiastical foundation, who held immediately of the Empire, whether elector, bishop, or abbot, forfeited his benefice and dignity the moment he embraced the Protestant belief; he was obliged in that event instantly to resign its emoluments, and the chapter was to proceed to a new election, exactly as if his place had been vacated by death. By this sacred anchor of the Ecclesiastical Reservation, (`Reservatum Ecclesiasticum',) which makes the temporal existence of a spiritual prince entirely dependent on his fidelity to the olden religion, the Roman Catholic Church in Germany is still held fast; and precarious, indeed, would be its situation were this anchor to give way. The principle of the Ecclesiastical Reservation was strongly opposed by the Protestants; and though it was at last adopted into the treaty of peace, its insertion was qualified with the declaration, that parties had come to no final determination on the point. Could it then be more binding on the Protestants than Ferdinand's guarantee in favour of Protestant subjects of ecclesiastical states was upon the Roman Catholics? Thus were two important subjects of dispute left unsettled in the treaty of peace, and by them the war was rekindled.
Such was the position of things with regard to religious toleration and ecclesiastical property: it was the same with regard to rights and dignities. The existing German system provided only for one church, because one only was in existence when that system was framed. The church had now divided; the Diet had broken into two religious parties; was the whole system of the Empire still exclusively to follow the one? The emperors had hitherto been members of the Romish Church, because till now that religion had no rival. But was it his connexion with Rome which constituted a German emperor, or was it not rather Germany which was to be represented in its head? The Protestants were now spread over the whole Empire, and how could they justly still be represented by an unbroken line of Roman Catholic emperors? In the Imperial Chamber the German States judge themselves, for they elect the judges; it was the very end of its institution that they should do so, in order that equal justice should be dispensed to all; but would this be still possible, if the representatives of both professions were not equally admissible to a seat in the Chamber? That one religion only existed in Germany at the time of its establishment, was accidental; that no one estate should have the means of legally oppressing another, was the essential purpose of the institution. Now this object would be entirely frustrated if one religious party were to have the exclusive power of deciding for the other. Must, then, the design be sacrificed, because that which was merely accidental had changed? With great difficulty the Protestants, at last, obtained for the representatives of their religion a place in the Supreme Council, but still there was far from being a perfect equality of voices. To this day no Protestant prince has been raised to the imperial throne.
Whatever may be said of the equality which the peace of Augsburg was to have established between the two German churches, the Roman Catholic had unquestionably still the advantage. All that the Lutheran Church gained by it was toleration; all that the Romish Church conceded, was a sacrifice to necessity, not an offering to justice. Very far was it from being a peace between two equal powers, but a truce between a sovereign and unconquered rebels. From this principle all the proceedings of the Roman Catholics against the Protestants seemed to flow, and still continue to do so. To join the reformed faith was still a crime, since it was to be visited with so severe a penalty as that which
A system of Theology so called, prepared by order of the Emperor Charles V. for the use of Germany, to reconcile the differences between the Roman Catholics and the Lutherans, which, however, was rejected by both parties – Ed.
